BILL NUMBER: AB 962	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member De Leon
   (Coauthor: Assembly Member Bonnie Lowenthal)

                        FEBRUARY 26, 2009

   An act to amend  Sections 11106 and   Section
 12316 of, to add Sections 12317 and 12318 to, to add Article
3.5 (commencing with Section 12060) to Chapter 1 of, to add a heading
for Chapter 2.6 (commencing with Section 12316) to, and to repeal
the heading of Chapter 2.6 (commencing with Section 12320) of, Title
2 of Part 4 of, the Penal Code, relating to ammunition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 962, as amended, De Leon. Ammunition. 
   Existing law requires the Department of Justice to maintain
records pertaining to firearms transactions.  
   This bill would require the department to maintain additional
information relating to licensed handgun ammunition vendors, as
specified. 
   Existing law generally regulates the sale of ammunition. 
   This bill would establish a program administered by the Department
of Justice for licensing handgun ammunition vendors, as specified.
 
   The bill would establish a database maintained by the department
to serve as a registry of handgun ammunition vendors. 

   This bill would require that commencing July 1, 2010, unless
specifically excluded, no person shall sell or transfer more than 50
rounds of handgun ammunition in any month unless he or she is
registered as a handgun ammunition vendor, as defined. The bill would
also require employees of those vendors who would handle, sell, or
deliver ammunition in the course and scope of their employment to
obtain a certificate of eligibility, as specified.The bill would
require the Department of Justice to maintain a registry of
registered handgun ammunition vendors, as specified. The bill would
provide that no vendor would be authorized to sell ammunition
pursuant to a handgun ammunition vendor license unless the vendor is
listed on the centralized registry. 
   The bill would  also  provide that no 
retail seller of   ammunition   handgun
ammunition vendor, as defined,  shall sell, offer for sale, or
display for sale, any handgun ammunition in a manner that allows that
ammunition to be accessible to a purchaser without the assistance of
the  retailer   vendor  or employee
thereof.
   Existing law generally regulates what information is required to
be obtained in connection with the transfer of ammunition.
   This bill would, subject to exceptions, commencing  July
1, 2010   February 1, 2011  , require 
certain ammunition vendors   handgun ammunition ven
  dors  to obtain a thumb print and other information
from ammunition purchasers, as specified. A violation of these
provisions would be a misdemeanor.
   This bill would provide that a person enjoined from engaging in
activity associated with a criminal street gang, as specified, would
be prohibited from having under his or her possession, custody, or
control, any ammunition. Violation of these provisions would be a
misdemeanor.
   The bill would prohibit supplying or delivering, as specified,
handgun ammunition to prohibited persons, as described, by persons or
others who know, or by using reasonable care should know, that the
recipient is a person prohibited from possessing ammunition or a
minor prohibited from possessing ammunition, as specified. Violation
of these provisions is a misdemeanor with specified penalties.
   The bill would provide, subject to exceptions, that commencing
 July 1, 2010   February 1, 2011  , the
delivery or transfer of ownership of handgun ammunition may only
occur in a face-to-face transaction, with the deliverer or transferor
being provided bona fide evidence of identity of the purchaser or
other transferee. A violation of these provisions would be a
misdemeanor.
   By creating new crimes, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
 PROTECTION Act of 2009: Providing Regulation and Oversight
to End Community Terrorism in Our Neighborhoods.  
Anti-Gang Neighborhood Protection Act of 2009.  
   SEC. 2.    Section 11106 of the Penal Code is
amended to read:
   11106.  (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, licensee information pertaining to handgun
ammunition vendors as specified in Section 12062, dealers' records
of sales of firearms, reports provided pursuant to Section 12072 or
12078, forms provided pursuant to Section 12084, as that section read
prior to being repealed by the act that amended this section,
reports provided pursuant to Section 12071 that are not dealers'
records of sales of firearms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of this state, and
shall, upon proper application therefor, furnish this information to
the officers referred to in Section 11105.
   (b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms that
are not handguns, from forms submitted pursuant to Section 12084, as
that section read prior to being repealed by the act that amended
this section, for firearms that are not handguns, or from dealers'
records of sales for firearms that are not handguns. All copies of
the forms submitted, or any information received in electronic form,
pursuant to Section 12084, as that section read prior to being
repealed by the act that amended this section, for firearms that are
not handguns, or of the dealers' records of sales for firearms that
are not handguns shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns shall be destroyed within five days of the receipt by
the Attorney General, unless retention is necessary for use in a
criminal prosecution.
   (2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
   (3) A violation of this subdivision is a misdemeanor.
   (c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
Section 12084 or any other law, as to handguns and maintain a
registry thereof.
   (2) The registry shall consist of all of the following:
   (A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to Section 12078 or
any other law.
   (B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to Section 12078 or any
other law.
   (C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
   (D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
   (3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.

   (4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
   (d) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
conditions are met:
   (A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
   (B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
   (C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
   (2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record. 
   SEC. 3.   SEC. 2.   Article 3.5
(commencing with Section 12060) is added to Chapter 1 of Title 2 of
Part 4 of the Penal Code, to read:

      Article 3.5.  Handgun Ammunition  Vendor Licenses
  Vendors 


   12060.  As used in this article, the following terms apply:
   (a) "Department" means the Department of Justice.
   (b) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323, but excluding ammunition designed
and intended to be used in an "antique firearm" as defined in Section
921(a)(16) of Title 18 of the United States Code. Handgun ammunition
does not include blanks. 
   (c) "Handgun ammunition vendor" or "vendor" means any person,
firm, corporation, dealer, or any other business enterprise that is
engaged in the retail sale of any handgun ammunition, or that holds
itself out as engaged in the business of selling any handgun
ammunition.  
   (c) "Immediate family member" has the same meaning as set forth in
subdivision (c) of Section 12078.  
   (d) "Licensed handgun ammunition vendor" or "vendor" means a
person licensed by the department pursuant to Section 12062.
 
   12061.  (a) Commencing July 1, 2010, no person shall sell or
otherwise transfer ownership of more than 50 rounds of handgun
ammunition in any month unless the person is licensed by the
department as a licensed handgun ammunition vendor in accordance with
Section 12062.
   (b) Subdivision (a) shall not apply to or affect any of the
following:
   (1) Sales or other transfers of ownership of handgun ammunition by
persons licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code, and the regulations
issued pursuant thereto to licensed handgun ammunition vendors who
are licensed pursuant to Section 12062.
   (2) Sales or other transfers of ownership of handgun ammunition by
an authorized law enforcement representative of a city, county, or
city and county, or the state or federal government to a peace
officer authorized to carry a handgun in the course and scope of his
or her duties.
   (3) Sales or other transfers of ownership of handgun ammunition to
authorized law enforcement representatives of cities, counties,
cities and counties, or state or federal governments for exclusive
use by those government agencies if, prior to the delivery, transfer,
or sale of handgun ammunition, written authorization from the head
of the agency authorizing the transaction is presented to the person
from whom the purchase, delivery, or transfer is being made. Proper
written authorization is defined as verifiable written certification
from the head of the agency by which the purchaser or transferee is
employed, identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction for the
exclusive use of the agency by which he or she is employed.
   (4) Sales or other transfers of ownership of handgun ammunition to
authorized representatives of cities, counties, cities and counties,
or state or federal governments for those government agencies in
which the entity is acquiring the ammunition as part of an
authorized, voluntary program in which the entity is buying or
receiving ammunition from private individuals.
   (5) Sales or other transfers of ownership of handgun ammunition
between immediate family members, spouses, or registered domestic
partners.
   (6) Sales or other transfers of ownership of handgun ammunition to
a person licensed as a collector of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto whose licensed premises
are within this state and who has a current certificate of
eligibility issued pursuant to Section 12071.
   (7) Sales or other transfers of ownership of handgun ammunition to
a consultant-evaluator, as defined in subdivision (s) of Section
12001.
   (8) The sale or other transfer of ownership of handgun ammunition
by a person licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code, and the regulations
issued pursuant thereto, to any of the following:
   (A) A person licensed as manufacturer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (B) A person licensed as an importer of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code.
   (C) A person who is licensed as a dealer in firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, if the dealer receiving that handgun ammunition is
acting as a wholesaler.
   (9) Sales or other transfers of ownership of handgun ammunition by
a person designated as a handgun safety instructor by the Department
of Justice, when acting in the course and scope of his or her
duties, pursuant to subdivision (d) of Section 12804.
   (c) A violation of this section is a misdemeanor. 

   12062.  (a) (1) The department is authorized to issue handgun
ammunition vendor licenses.
   (2) No handgun ammunition vendor license may be issued to an
applicant who fails to provide a copy of any regulatory or business
license, or licenses, required by local government, a valid seller's
permit issued by the State Board of Equalization, a federal firearms
license if the person is federally licensed, and a certificate of
eligibility issued pursuant to Section 12071. The license issued
pursuant to this section shall be issued to an individual and for a
specific physical location where the sale or other transfer of
ownership of handgun ammunition is to be conducted.
   (3) The department shall inform applicants who are denied licenses
of the reasons for the denial in writing.
   (b) (1) The handgun ammunition vendor license shall be issued in a
form prescribed by the Attorney General and shall be valid for a
period of one year. The Attorney General may adopt regulations to
administer application procedures and enforcement procedures for the
licensee. The Attorney General may adopt regulations that establish
grounds for suspension or revocation of the license.
   (2) The department may charge handgun ammunition vendor license
applicants a fee sufficient to reimburse the department for the costs
of administering the license program, maintaining the registry of
handgun ammunition vendors, and necessary regulatory functions,
including enforcement, provided, however, that the fee shall not
exceed fifty dollars ($50). Funds from the Dealers' Record of Sale
Special Account of the General Fund shall be made available for
expenditure by the department to offset the costs incurred to
initiate the license program pursuant to this section.
   (3) The department shall issue licenses pursuant to this section
to the following applicants:
   (A) Persons licensed pursuant to Section 12071.
   (B) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
   (C) A target facility which holds a business or regulatory
license.
   (D) Gunsmiths.
   (E) Wholesalers.
   (F) Manufacturers or importers of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
   (4) The department shall waive all application fees for all
persons listed in subparagraphs (A) and (B) of paragraph (3).
   (5) (A) The department shall keep a centralized registry of all
persons, businesses, and corporations that are vendors. No vendor
shall sell or transfer ownership of handgun ammunition pursuant to
their license unless the vendor is listed on the centralized
registry.
   (B) The department may remove from this registry any vendor that
violates the provisions of this section.
   (C) The license of any vendor that violates this section three
times shall be revoked, and that person, firm, or corporation shall
become permanently ineligible to obtain a license pursuant to this
section.
   (D) Upon removal of a vendor from the registry, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the vendor's business is located.
   (6) Information compiled from the registry referred to in
paragraph (5) shall be made available, upon request, for the
following purposes:
   (A) For law enforcement purposes.
   (B) When the information is requested for the purposes of
determining the validity of handgun ammunition deliveries or
transfers.
   (c) 
    12061.    (a)  A vendor shall comply with all
of the following conditions, requirements and prohibitions:
   (1)  (A)    A vendor shall not
permit any employee who the vendor knows or reasonably should know is
a person described in Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code to handle,
sell, or deliver handgun ammunition in the course and scope of his or
her employment. 
   (B) Except as provided in subparagraph (C), for an employee of a
vendor who becomes an employee after July 1, 2010, and who handles,
sells, or delivers handgun ammunition, the employee shall provide to
the vendor a certificate of eligibility obtained from the department
pursuant to paragraph (4) of subdivision (a) of Section 12071. The
request shall be made within 45 days of employing the individual.
 
   (C) In the case of a person who is employed by a vendor on or
before July 1, 2010, and who handles, sells, or delivers handgun
ammunition, the employee shall provide to the vendor a certificate of
eligibility obtained from the department pursuant to paragraph (4)
of subdivision (a) of Section 12071 no later than August 15, 2010.

   (2) A vendor shall not sell or otherwise transfer ownership of,
offer for sale or otherwise offer to transfer ownership of, or
display for sale or display for transfer of ownership of any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser or transferee without the assistance of the vendor or
employee thereof.
   (3) Commencing  July 1, 2010   February 1,
2011  , a vendor shall not sell or otherwise transfer ownership
of any handgun ammunition without  ,  at the time of
delivery  ,  legibly recording the following 
information on a form that is in a format to be prescribed by the
department:   information: 
   (A) The date of the sale or other transaction.
   (B) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
   (C) The brand, type, and amount of ammunition sold or otherwise
transferred.
   (D) The purchaser's or transferee's signature.
   (E) The name of the salesperson who processed the sale or other
transaction.
   (F) The right thumbprint of the purchaser or transferee on the
above form.
   (G) The purchaser's or transferee's full residential address and
telephone number.
   (H) The purchaser's or transferee's date of birth.
   (4) Commencing  July 1, 2010   February 1,
2011  , the records required by this section shall be maintained
on the premises of the vendor for a period of not less than five
years from the date of the recorded transfer.
   (5) Commencing  July 1, 2010   February 1,
2011  , the records referred to in paragraph (3) shall be
subject to inspection at any time during normal business hours by any
peace officer employed by a sheriff, city police department, or
district attorney as provided in subdivision (a) of Section 830.1, or
employed by the department as provided in subdivision (b) of Section
830.1, provided the officer is conducting an investigation where
access to those records is or may be relevant to that investigation,
is seeking information about persons prohibited from owning a firearm
or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law (Chapter 1 (commencing with Section
12000) of Title 2 of Part 4), or any other laws pertaining to
firearms or ammunition. The records shall also be subject to
inspection at any time during normal business hours by any other
employee of the department, provided that employee is conducting an
investigation where access to those records is or may be relevant to
that investigation, is seeking information about persons prohibited
from owning a firearm or ammunition, or is engaged in ensuring
compliance with the Dangerous Weapons Control Law (Chapter 1
(commencing with Section 12000) of Title 2 of Part 4), or any other
laws pertaining to firearms or ammunition.
   (6) Commencing  July 1, 2010   February 1,
2011  , the vendor shall not knowingly make a false entry in,
fail to make a required entry in, fail to obtain the required
thumbprint, or otherwise fail to maintain in the required manner
records prepared in accordance with paragraph (2). If the right
thumbprint is not available, then the vendor shall have the purchaser
or transferee use his or her left thumb, or any available finger,
and shall so indicate on the form. If the purchaser or transferee is
physically unable to provide a thumbprint or fingerprint, the vendor
shall so indicate on the form.
   (7) Commencing  July 1, 2010   February 1,
2011  , no vendor shall refuse to permit a person authorized
under paragraph (5) to examine any record prepared in accordance with
this section during any inspection conducted pursuant to this
section, or refuse to permit the use of any record or information by
those persons. 
   (d) 
    (b)  Paragraph (3) of subdivision  (c) 
 (a)  shall not apply to or affect sales or other transfers
of ownership of handgun ammunition by  licensed 
handgun ammunition vendors to any of the following  that are
properly identified as such in a manner prescribed by the Department
of Justice:   , if properly identified: 
   (1)  Persons   A person  licensed
pursuant to Section 12071.
   (2) A  licensed  handgun ammunition vendor.
   (3) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
   (4) A target facility which holds a business or regulatory
license.
   (5) Gunsmiths.
   (6) Wholesalers.
   (7) Manufacturers or importers of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
   (8) Sales or other transfers of ownership made to authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer, or sale of
handgun ammunition, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the employee
as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which he or she is employed. 
   (e) Fees received by the department pursuant to this section shall
be deposited in the Dealers' Record of Sale Special Account of the
General Fund.  
   (f) 
    (c)  (1) A violation of paragraph (3), (4), (6), or (7)
of subdivision  (c)   (a)  is a
misdemeanor.
   (2) The provisions of this subdivision are cumulative, and shall
not be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
   SEC. 4   SEC. 3.   A heading for Chapter
2.6 of Title 2 of Part 4 is added to the Penal Code, immediately
preceding Section 12316, to read:
      CHAPTER 2.6.  AMMUNITION


  SEC. 5.  Section 12316 of the Penal Code is amended to read:
   12316.  (a) (1) Any person, corporation, or dealer who does
 either   any  of the following shall be
punished by imprisonment in a county jail for a term not to exceed
six months, or by a fine not to exceed one thousand dollars ($1,000),
or by both the imprisonment and fine:
                                                                (A)
Sells any ammunition or reloaded ammunition to a person under 18
years of age.
   (B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
   (C) Supplies, delivers, or gives possession of any ammunition to
any minor who he or she knows, or using reasonable care should know,
is prohibited from possessing that ammunition at that time pursuant
to Section 12101.
   (2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
armed forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
   (b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
   (2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence. "Ammunition" does not include
blanks.
   (3) A violation of paragraph (1) of this subdivision is punishable
by imprisonment in a county jail not to exceed one year or in the
state prison, by a fine not to exceed one thousand dollars ($1,000),
or by both the fine and imprisonment.
   (4) A person who is not prohibited by paragraph (1) from owning,
possessing, or having under his or her custody or control, any
ammunition or reloaded ammunition, but who is enjoined from engaging
in activity pursuant to an injunction issued pursuant to Section 3479
of the Civil Code against that person as a member of a criminal
street gang, as defined in Section 186.22, may not own, possess, or
have under his or her custody or control, any ammunition or reloaded
ammunition.
   (5) A violation of paragraph (4) of this subdivision is a
misdemeanor.
   (c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
   (d) (1) A violation of paragraph (1) or (4) of subdivision (b) is
justifiable where all of the following conditions are met:
   (A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
   (B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
   (C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021 or
ammunition or reloaded ammunition because of paragraph (4) of
subdivision (b).
   (2) Upon the trial for violating paragraph (1) or (4) of
subdivision (b), the trier of fact shall determine whether the
defendant is subject to the exemption created by this subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.
  SEC. 6.  Section 12317 is added to the Penal Code, to read:
   12317.  (a) Any person, corporation, or firm who supplies,
delivers, sells, or gives possession or control of, any ammunition to
any person who he or she knows or using reasonable care should know
is prohibited from owning, possessing, or having under his or her
custody or control, any ammunition or reloaded ammunition pursuant to
paragraph (1) or (4) of subdivision (b) of Section 12316, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, or a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
another provision of law shall not be punished under more than one
provision.
   (c) For purposes of this section, "ammunition" shall include, but
not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence. "Ammunition" does not include
blanks.
  SEC. 7.  Section 12318 is added to the Penal Code, to read:
   12318.  (a) Commencing  July 1, 2010  
February 1, 2011  , the delivery or transfer of ownership of
handgun ammunition may only occur in a face-to-face transaction with
the deliverer or transferor being provided bona fide evidence of
identity from the purchaser or other transferee. A violation of this
section is a misdemeanor.
   (b) For purposes of this section:
   (1) "Bona fide evidence of identity" means a document issued by a
federal, state, county, or municipal government, or subdivision or
agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
   (2) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323, but excluding ammunition designed
and intended to be used in an "antique firearm" as defined in Section
921(a)(16) of Title 18 of the United States Code. Handgun ammunition
does not include blanks.
   (3)  "Licensed handgun   "Handgun 
ammunition vendor" has the same meaning as set forth in Section
 12062   12060  .
   (c) Subdivision (a) shall not apply to or affect the deliveries,
transfers, or sales of, handgun ammunition to any of the following:
   (1) Authorized law enforcement representatives of cities,
counties, cities and counties, or state and federal governments for
exclusive use by those government agencies if, prior to the delivery,
transfer, or sale of the handgun ammunition, written authorization
from the head of the agency employing the purchaser or transferee, is
obtained identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction for the
exclusive use of the agency employing the individual.
   (2) Sworn peace officers, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who are authorized to carry a
firearm in the course and scope of their duties.
   (3) Importers and manufacturers of handgun ammunition or firearms
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (4) Persons who are on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
   (5) Persons whose licensed premises are outside this state who are
licensed as dealers or collectors of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
   (6) Persons licensed as collectors of firearms pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto whose licensed
premises are within this state who has a current certificate of
eligibility issued to him or her by the Department of Justice
pursuant to Section 12071.
   (7) A  licensed  handgun ammunition vendor.
   (8) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.
  SEC. 8.  The heading of Chapter 2.6 (commencing with Section 12320)
of Title 2 of Part 4 of the Penal Code is repealed.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.